Madras High CourtWP/6529/2021disposed of

M.Kumar v. The Inspector Of Police,

2021-03-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 6529 of 2021 M.Kumar ... Petitioner vs.

1. The Inspector of Police, Arakonam Town Police Station, Arakonam, Vellore District.

2. K.Kuppan ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent Police to provide adequate police protection to the petitioner life and his family members as well as to fence the property to an extent of 0.09 cent in Old SF. No.129 (New SF.No.302/85) in Killkupppam Village, Arakkonam Taluk, by considering the complaint dated 11.02.2021 pending on the file of the first respondent.

For Petitioner : Mr. P.Thangavel For Respondents : Mr.C.Raghavan Government Advocate, (Crl. Side) for R1

O R D E R

This Writ Petition has been filed to direct the first respondent Police to take further action based on the petitioner's complaint dated 11.02.2021, pending on the file of the first respondent Police.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of the first respondent.

https://hcservices.ecourts.gov.in/hcservices/

3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M.Subramaniam v. S. Janaki, reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

4. This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar JV To The Inspector of Police, Arakonam Town Police Station, Arakonam, Vellore District.

+1cc to Mr.MA.P.Thangavel, Advocate, S.R.No.16015 WP No. 6529 of 2021 PL(CO) TE(27/04/2021) https://hcservices.ecourts.gov.in/hcservices/